Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Deceased was last seen in company of accused - Accused and deceased both went together to a liquor shop to purchase bottle of whisky - Finger prints of accused on whisky bottle and glass and other seized articles at the scene of occurrence were found by Expert - Recovery of all seized articles..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Last seen theory - Accused and both the deceased were last seen together - Although there is time gap between when quarrel involving two deceased and three co-accused took place and the time of deaths, but in the absence of evidence which would probablise the presence of either of..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Prosecution proved the circumstances beyond reasonable doubt viz. (i) presence of accused outside house of deceased as proved by PW16; (ii) quarrel that took place in park between accused and deceased as spoken to by PW9 and PW12; (iii) homicidal death of both the deceased; (iv) accused..........
Indian Penal Code, 1860, Section 302, 364 -- Murder of son by father - Circumstantial evidence - Accused committed murder of child/deceased by throwing him into canal, as he suspecting chastity of his wife and was under the impression that two sons including the deceased were born out of extra-marital relationship of her wife with someone - Motive of crime thus, proved on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Honour killing - Prima facie involvement of applicants in the murder of deceased is on record - Though case is of circumstantial evidence, but in totality of circumstances, materials which are recovered, it can be said that applicants are involved in brutal murder of deceased - Bail..........
Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Murder - Circumstantial evidence - Place of occurrence verified pursuant to information supplied on behalf of accused - However, place of occurrence was already known to police, in as much as, it is the same place from where dead body of deceased was recovered - Verification of place by accused which was already known..........
Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Murder - Circumstantial evidence - Recovery of tempo at the instance of accused - Tempo was recovered from open place and not from conscious possession of accused - Witnesses of recovery were examined by prosecution but they have not uttered a single word regarding said recovery being effected in their presence - Such..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Test Identification parade (TIP) - Murder - Identity of accused already disclosed to witnesses before TIP - Identity of accused by said witnesses before Court is of no evidentiary value, as it is not fair and reliable - Consequently circumstantial evidence of last seen does not itself..........
Indian Penal Code, 1860, Section 302, 364, 392, 34, Evidence Act, 1872, Section 65B(4) -- Murder - Circumstantial evidence - Call details - No evidence on record as to how call details brought on record to connect accused with commission of crime - Moreover, no evidence with regard to call details could be proved unless competent officer of concerned cell phone company..........
